Kelly, in the matter of Halifax Investment Services Pty Ltd (in liquidation) (No 5) [2019] FCA 1341

FEDERAL COURT OF AUSTRALIA

Kelly, in the matter of Halifax Investment Services Pty Ltd (in liquidation) (No 5) [2019] FCA 1341 File number: NSD 2191 of 2018

Judge: GLEESON J

Date of judgment: 22 August 2019

Catchwords: CORPORATIONS – application for letter of request – whether Court has power to issue a letter of request under s 581 of the Corporations Act 2001 (Cth) – liquidators consider funds held on trust constitute deficient mixed fund – funds located in Australia and New Zealand – prospective respondents and all issues not yet identified – application premature and order not made CORPORATIONS – application for directions and judicial advice – where company funds and trust funds are co-mingled – whether liquidators may continue to use trust and comingled funds in performing statutory responsibilities – application allowed

Legislation: Bankruptcy Act 1966 (Cth) s 29 Corporations Act 2001 (Cth) ss 436A, 580, 581, Sch 2 s 90-15 Cross-Border Insolvency Act 2008 (Cth) Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG Trans-Tasman Proceedings Act 2010 (Cth) ss 81, 85 Corporations Regulations 2001 (Cth) reg 5.6.74(e) Federal Court Rules 2011 rr 9.05, 9.08 Trustee Act 1925 (NSW) ss 63, 81 Companies Act 1993 (NZ) Insolvency (Cross-border) Act 2006 (NZ) s 8, Sch 1 Arts 1(1), (2)(a) Senior Courts Act 2016 (NZ) s 12 Model Law on Cross-Border Insolvency (UNCITRAL, 1997) Arts 27(e)